Statutes of limitations are SHORT in Florida probates and estates! The first thing that you need to know is: are you suing the executor for something the dead person did? Are you suing the estate? Or………. are you suing the executor for something she did during estate administration? Hurry! Before the estate closes and you are left out. (To learn about WHO CAN BE EXECUTOR, click that link). Understanding Probate Claims Every right or possible lawsuit must be filed or asserted within the appropriate time frame. These time limitations to make claims are often referred to as statutes of limitations. You can read all about the statutes of limitations by clicking THIS LINK and reading Florida Law 95.11. If you have a claim against a person who is now deceased, you are a creditor. Part VII of the Florida Probate Code tells you all about creditor claims. Creditor claims must be filed no later than 2 years after the decedent’s death. That’s Probate Law 733.710. That’s the MAXIMUM time you have to sue. And you need a probate court proceeding open in Florida to file your Statement of Claim. Writing a letter won’t work. Even if you are under the 2 year rule, you may have had to file a statement of claim earlier. There are 3 month statutes of limitations. See Probate Law 733.702. It depends on whether or not you got actual notice and when publication of notice to creditors was accomplished. 3 months? Yes !! 3 months. […]